Bonum Certa Men Certa

Ignore So-Called Professional Advice From Patent Law Firms and Share Information

Science before profit

Science before profit



Summary: A roundup of patent news and supposed 'advice' from firms whose sole motivation is to increase the number of patents irrespective of patent quality and effects on science

THE US patent system is moving away from software patents (some attempts to revive these notwithstanding) and now is a good time to highlight bad advice from firms that profit from software patents -- without actually writing a single line of code!

IdeaJam, which was last mentioned here 7 years ago (in the comments), has returned to the headlines [1, 2]. These people seem to be rebranding/reinventing themselves (and their company) as more of a "patent platform" which targets "startups" or "entrepreneurs" -- even though these are often the most convenient target for trolling; they can't afford or don't have the incentive to legally defend themselves in court. "Oldenburg said the service protects users ideas," according to one of those promotional articles, "by automatically privatizing and encrypting documents. Users can manage their privacy settings, and choose to share with certain collaborators. And unlike services like LegalZoom, which can help supply patent documents, Oldenburg said IdeaJam goes beyond that, connecting users with others who may be able to help build their business."

Small businesses need to crowdsource and pool resources (the above articles speak of "crowdfunding"), not bicker over patents. But companies that are in the business of "patents" don't want people to think that way...

About a month ago The Independent (UK) published this article titled "How a free-for-all on patents could help build a sustainable future" -- a piece which encouraged publication of one's ideas, asserting that a sharing economy works better. Here is a portion:

To sustain the the population of 9.7 billion expected by 2050 the world is going to need innovations that make careful use of available resources, both human and environmental. Key industry sectors such as energy, water, agriculture and transport are already under pressure to move to more sustainable methods of production and consumption. However, there are barriers in the way.

One of these lies in how the world manages the creation and ownership of inventions and ideas. The the protectionist approach to intellectual property, designed to protect and prolong the lifecycle of existing technologies and allow innovators to capture the profits from their creations.


The Independent expresses views that many people agree with. The patent microcosm, however, is very nervous about such a mindset. It might make the microcosm obsolete.

Consider this recent ad in the form of an 'article' by Elaine Bergenthuin, managing partner at De Beer Attorneys. "Why register or patent?" is the title and it's more or less a placement from a patent law firm which profits from patent chaos, i.e. patent maximalism. Local press too publishes the habitual glorification of patents, typically software patents. Why is that? Why are these treated as trophies in spite of the ebbing/declining potency of such patents? Who's hoping for software patents anyway? Certainly not software developers.

A lot of the advocacy of software patents continues to come from lawyers' media with headlines such as "Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope," insinuating that such patents bring "hope" rather than desperation. Truth be told, parasitic firms like this author's wish software developers to actually believe that they need software patents and that software patents still have merit; forth they come with totally meaningless statements like, "as inventors know, software can implement methods which are technical solutions to technical problems."

That's nonsense. It doesn't even say anything. This is pure marketing. Here is another new example from lawyers' media. Paul, Weiss, Rifkind, Wharton & Garrison LLP says that "prohibition on patenting abstract ideas has been applied extensively to patents and patent applications on software and business methods."

They basically oppose this, as one can expect. Elsewhere in the news we find this press release which says "Leonard has extensive technology leadership experience and is the co-inventor of four software patents."

He cannot be "co-inventor of four software patents." Because nobody "invents" a patent. People invent things and sometimes they pursue a patent, but the patent itself is not the invention.

The world desperately needs proper patent journalism. Right now we have the patent 'industry' writing or ghostwriting the news.

Recent Techrights' Posts

Debian GNU/Linux and Free Software Developer Daniel Pocock in Irish Elections This Month (Dublin Bay South)
Polling day in 15 days
Layoffs as Happy Stories in the Corporate Media
It's based on a longstanding pattern
In Switzerland, GNU/Linux Reaches Record Highs, But What About the Corruption?
Pocock is a disappointed citizen of Switzerland
 
Links 14/11/2024: Politics, Climate, and Instability
Links for the day
Links 14/11/2024: EmacsConf and Flounder
Links for the day
Links 14/11/2024: Science and the Demise of Microsoft-Connected USPTO Director
Links for the day
For "X" to Die the Media and Politicians Will Need to Quit (Then, Advertisers Will Lose Interest, Even for Political Ads)
Fewer people are still there anyway
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 13, 2024
IRC logs for Wednesday, November 13, 2024
Bob Should Tell Alice About What GitHub (Which Linux Foundation Outsources Code to) Does to Entire Nations, Following Donald Trump's Policies
"What's next, preventing access to Linux from non-NATO countries? Putting NSA backdoors in the kernel?"
It Took The Guardian More Than 2 Years of Musk to Realise What Twitter Was and It Took Twitter 4 Years of a President Trump to Realise What Trump Was
Trump was deplatformed only a fortnight before Biden became president anyway
[Meme] Google 80%, Windows 2%
"I'm going to f---ing bury that guy, I have done it before, and I will do it again. I'm going to f---ing kill Google."
Microsoft's Market Share Falls to 2% in Haiti
Throw in Android (now 80% of "the market") and Windows is down to 2%
Gemini Links 13/11/2024: Magic of Walking and Lest We Forget
Links for the day
Links 13/11/2024: USPTO Director Kathi Vidal ('Former' Microsoft Rep) Resigning, Censorship After Car Ramming Attack in China
Links for the day
Microsoft: Layoffs, Outsourcing, and R.T.O. as Cover for Mass Layoffs Without Severance Pay
Microsoft had mass layoffs pretty much every month this year
[Meme] The Addicted Lolicon Throwing Stones
"They've found my RMS attack site"
Jonathan Carter & Debian betrayed Joel Espy Klecker
Reprinted with permission from Daniel Pocock
Links 13/11/2024: Red Tape War and Programming Experiences
Links for the day
Links 13/11/2024: "Make Your Laptop Last FOREVER" With GNU/Linux, 23andMe Mass Layoffs, Intel 'Resignations' Layoffs Loophole
Links for the day
More Than 3 Years After Vista 11's Release More Chinese Computer Users Still Use Vista 7 (Than "11")
it was "officially" released October 5, 2021
At BetaNews, "Most Commented Story" Is Not a Story But LLM Slop! (Readers Talking to Bots)
They make fake stories with provocative headlines and then boast that these get many comments
[Meme] Swiss Lawyers/Attorneys Who Fake Qualifications and Rob People
Switzerland mostly guards its reputation by censorship of media
Just How Slow Has the News Industry Become?
We're drowning in garbage from fake publishers
Things That Still Work OK (But We're Being Shamed for Using)
Using old stuff is nothing to be shamed of (or afraid to do)
Free Software is About Collaboration
WordPress limits it
Even the Managing Editor of BetaNews is Doing Slop and Spam
A Fish Rots From The Head Down
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 12, 2024
IRC logs for Tuesday, November 12, 2024
PERA Bill in US Senate Strives to Crush Caselaw, Making Patents on Mathematics and Algorithms 'Great Again'
Follow the money
BetaNews is Beta-Testing the Site as LLM Slop With Microsoft Propaganda Thrown In
Many of the people there are Microsoft boosters and they use slop as "filler" (for marketing)
Evolution of euthanasia & WIPO UDRP similarities exposed by W. Scott Blackmer
Reprinted with permission from Daniel Pocock
Gemini Links 13/11/2024: Phasing Out 3G, Brian Kernighan Books, Tcl/Tk, Time to Ditch x86
Links for the day
Links 12/11/2024: A Lot of Censorship and SWNS at 50
Links for the day
BetaNews, Inc. Became a Spam Operation/Web Site, LLM Spew (Slop) for SEO Disguised as "Articles"
Published 5 minutes ago by Brian Fagioli...
Gemini Links 12/11/2024: Invidious Down and YouTube Addiction
Links for the day
Links 12/11/2024: Hey Hi (AI) Failures and COP29 Fakers
Links for the day
Latest Rumours of Red Hat Layoffs
Rumours or gossip is how almost everything starts
WordPress is for the 'Old Web'; the New Web Necessitates Static Pages
There are purely practical reasons to move away from WordPress and the likes of it
Biggest Debt Leap in Years, More Than Half a Trillion Dollars in Just One Month
We remind people (almost every year) that it's also "buynothingday"
Windows Falling to All-Time Lows and Microsoft Has Nothing to Replace It With
It's mostly Android (Linux) replacing Windows
Cybershow Has a New 81-Minute Episode on Digital Sovereignty and International Cyber-Relations
it is a high-quality show
Activism in the Digital Realm Can Never (and Must Never) Rely on GAFAM
This simply means that tech activists must completely abandon any hopes of finding allies in Google or IBM or whatever...
Golden Dawn(ald) and What GAFAM Means to Liberal Techies
In one single screenshot
IBM CEO Says Donald Trump as President-Elect is Good for IBM in New Interview With CNBC
most unprincipled CEO ever?
GNU/Linux Up to 6.1% in Finland (Almost 9% If One Counts ChromeOS Too)
Home of Linux (the kernel)
BetaNews Has Become a SPAM/Slop Factory, Brian Fagioli Publishes Fake 'Articles'
everything is now suspect in BetaNews
It's Morbid to Talk About Living People as If They're Dead
What happens to LLM slop when Brian Fagioli dies?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 11, 2024
IRC logs for Monday, November 11, 2024
Free Software and Love of Nature
It's not a coincidence that many Free software activists are also lovers of nature
Silicon Valley and GAFAM Were Never Liberal
spineless CEOs and founders aren't against Trump
Windows and 'The Desktop' Floundering
Microsoft should be extremely worried
WordPress is Bad for the Planet (Even If Many Still Use It)
the costs nobody wishes to talk about